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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
T. Kumaran S/o Thangavelu – Appellant
Versus
Disciplinary Committee XIV, Bar Council of Tamil Nadu and Puducherry – Respondent
| Table of Content |
|---|
| 1. disciplinary action for professional misconduct (Para 1 , 2 , 3) |
| 2. establishment of bribery allegation (Para 4) |
| 3. validity of accepting compromise in misconduct cases (Para 5 , 10 , 11) |
| 4. regulations of professional conduct under advocates act (Para 6 , 7 , 8) |
| 5. seriousness of bribery and its impact on judicial integrity (Para 9 , 12) |
| 6. order to remand for proper disciplinary action (Para 13) |
ORDER :
1. The lis on hand has been instituted challenging the final order passed in the disciplinary proceedings in D.C.No.298 of 2018 dated 30.04.2019.
2. The writ petitioner is the complainant submitted a complaint stating that the respondent/advocate, while functioning as Law Officer of the State accepted a brief against the State. In respect of the land comprised in various Survey Numbers, measuring to an extent of 2 acres and 51 cents, Patta and 'No Objection Certificate' from Chennai Metropolitan Development Authority (CMDA) had been sought for. The 2nd respondent, allegedly, received a sum of Rs.20,00,000/- from the writ petitioner/complainant in the year 2013. The said sum of Rs.20,00,000/- (Rupees twenty lakhs only) was received by Mr.D.Muthukrishnan and handed over t
The integrity of legal practice mandates that allegations of professional misconduct involving bribery cannot be resolved through compromises; disciplinary action must reflect serious adherence to et....
(1) Professional misconduct by Advocate – Ordinarily, existence of a jural relationship between complainant and Advocate concerned is a precondition for invocation of disciplinary jurisdiction on the....
Professional misconduct by Advocate – No Advocate can be held guilty of professional misconduct merely on the basis of bald allegations contained in complaint.
Disciplinary dismissal can be upheld based on preponderance of evidence, including audio recordings, even when there's a later compromise concerning alleged misconduct.
The court considered the futility of continuing disciplinary proceedings against an advocate due to age and inactive practice, leading to the quashing of the notice of hearing.
Point of Law - When trial for criminal offence is conducted it should be in accordance with proof of the offence as per the evidence defined under the provisions of the Evidence Act
The Bar Council's authority to refer complaints for inquiry under Section 35 of the Advocates Act is affirmed, emphasizing the need for proper inquiry into allegations of misconduct.
The judgment establishes the principle that the demand and acceptance of illegal gratification are crucial for proving the offence under the Prevention of Corruption Act 1988, and the necessity of va....
Only parties with a direct legal relationship with an advocate can file complaints of professional misconduct against them under Section 35 of the Advocates Act, 1961.
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